health law defense attorney | The Health Law Firm Blog

NY Court Rules Doctor Can Subpoena Yelp for User Info in Defamation Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by the federal judge.

A Litigious History of Lawsuits.

The embattled physician has reportedly filed other lawsuits against reviewers for defamation. The doctor himself says he’s won or reached settlements with three of […]

Have You Been Recommended to an Impaired Practitioner Program? What You Need to Know if You’ve Been Accused

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In an industry that revolves around helping others, physicians and other health professionals sometimes find that they are the ones being pushed toward a treatment program. Long hours, heavy workloads, and stress among health care professionals can sometimes lead to unsafe, unprofessional behavior and impairment allegations.

We routinely work with mental health providers, nurses, and other health professionals who are accused by employers, hospitals, competitors, or terminated employees of impairment due to drug or alcohol abuse, or mental impairment, of being a “disruptive physician” or of sexual boundary issues. However, not all nurses and health professionals who are referred to a health program are in actual need of […]

Impaired Practitioner Programs: What You Need to Know if You’ve Been Accused

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In an industry that revolves around helping others physicians and other health professionals sometimes find that they are the ones being pushed toward a treatment program. Long hours, heavy workloads, and stress among health care professionals can sometimes lead to unsafe, unprofessional behavior and impairment allegations.

We routinely work with pharmacists and other health professionals who are accused by employers, hospitals, competitors, or terminated employees of impairment due to drug or alcohol abuse, or mental impairment, of being a “disruptive physician” or of sexual boundary issues. However, not all health professionals who are referred to a health program are in actual need of rehabilitation services.

What is the […]

Accused of Impairment or Misconduct? Here’s What You Should Do Next!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In an industry that revolves around helping others, physicians and other health professionals sometimes find that they are the ones being pushed toward a treatment program. Long hours, heavy workloads, and stress among health care professionals can sometimes lead to unsafe, unprofessional behavior and impairment allegations.

We routinely work with nurses, and other health professionals who are accused by employers, hospitals, competitors, or terminated employees of impairment due to drug or alcohol abuse, or mental impairment, of being a “disruptive physician” or of sexual boundary issues. However, not all nurses and health professionals who are referred to a health program are in actual need of rehabilitation services.

What […]

11th Circuit Court of Appeals Rejects Florida Eye Doctor’s Request for New Medicare Fraud Trial

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 31, 2020, a panel of U.S. Eleventh Circuit Court of Appeal judges upheld a 17-year prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his 2017 criminal trial.

It upheld the conviction on all 67 counts, deemed the 17-year-sentence to be even-handed, and denied him a new trial.

Details of the Case and Why the Former Ophthalmologist Requested a New Trial.

To understand how the panel reached their decision, it helps to understand the details of the scheme and the accusations. Back in April 2017, a jury in the Southern District of Florida convicted Melgen of carrying out systemic billing fraud at his […]

By The Health Law Firm|2024-03-14T09:59:42-04:00April 17, 2021|Categories: Nursing Law Blog|Tags: Board of Medicine investigation defense attorney, Board of Optometry investigation defense attorney, complaint against professional license defense attorney, complaint against professional license defense lawyer, complex health care litigation legal counsel, complex health litigation defense attorney, defense of retina surgeon in Medicare audit, Department of Health investigation defense attorney, Florida health law attorney, health law defense attorney, healthcare fraud defense attorney, informal administrative hearing defense attorney, informal administrative hearing defense lawyer, informal administrative hearing defense legal counsel, lawyer representing retina surgeons, legal counsel for Board of Medicine investigations and hearings, legal counsel for Board of Optometry investigations and hearings, legal counsel for Department of Health investigations and hearings health care professional defense attorney, legal representation for eye doctors, legal representation for health care professionals, Legal representation for Legal representation for optometrists, legal representation for medical professionals, Legal representation for optometrists defense attorney, legal representation for Optometrists in Florida, legal representation for optometry licensure issues, legal representation of retina surgeon in Medica audit, medical license defense attorney, Medicare audit representation, Medicare fraud audit defense, Medicare fraud defense lawyer, ophthalmologist defense attorney, optometry license defense attorney, representation for healthcare fraud, representation for Medicare fraud, retina surgeon legal defense attorney, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorney reviews, Tricare audit representation of retina surgeons|Comments Off

Impaired Practitioner Programs: What Happens if You’ve Been Accused?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In an industry that revolves around helping others, physicians and other health professionals sometimes find that they are the ones being pushed toward a treatment program. Long hours, heavy workloads, and stress among health care professionals can sometimes lead to unsafe, unprofessional behavior and impairment allegations.

We routinely work with physicians, nurses, and other health professionals who are accused by employers, hospitals, competitors, or terminated employees of impairment due to drug or alcohol abuse, or mental impairment, of being a “disruptive physician” or of sexual boundary issues. However, not all physicians and health professionals who are referred to a health program are in actual need of rehabilitation services.

What is the Impaired Practitioners Program?

The Florida Department of Health’s (DOH) Impaired Practitioners Program […]

House Committee Advances Bill to Expand Medical Marijuana Research

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On September 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, the Medical Marijuana Research Act of 2019. The bill would: “amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes.”

HR 3797 – Medical Marijuana Research Act.

The amendment to existing federal law would allow researchers to use “marijuana products available through State-authorized marijuana programs” until there are federally-approved suppliers who can meet the demand of the federal researchers. More specifically, there will be no limit on the number […]

By The Health Law Firm|2024-03-14T09:59:44-04:00March 29, 2021|Categories: Nursing Law Blog|Tags: cannabis defense lawyer, clinical investigator defense lawyer, clinical research fraud defense lawyer, clinical research fraud investigation lawyer, Florida marijuana law attorney, Florida medical cannabis representation, health care business application attorney, health law defense attorney, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, legal representation for marijuana regulations, medical cannabis lawyer, medical marijuana defense attorney, medical marijuana lawyer, medical marijuana regulation attorney, medical marijuana representation, medical researcher defense attorney, representation for clinical research fraud, representation for marijuana growers, representation for medical marijuana distributors, representation for medical marijuana legalization, representation of clinical investigators, representation of medical researchers in clinical investigation fraud, reviews of The Health Law Firm attorneys, The Health Law Firm reviews|Comments Off

You’ve Been Instructed to Report Yourself to an Impaired Practitioners Program, Here’s What You Should Do Next!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In an industry that revolves around helping others, dentists, physicians, and other health professionals sometimes find that they are the ones being pushed toward a treatment program. Long hours, heavy workloads, and stress among health care professionals can sometimes lead to unsafe, unprofessional behavior and impairment allegations.

We routinely work with dentists, and other health professionals who are accused by employers, hospitals, competitors, or terminated employees of impairment due to drug or alcohol abuse, or mental impairment, of being a “disruptive physician” or of sexual boundary issues. However, not all nurses and health professionals who are referred to a health program are in actual need of rehabilitation services.

[…]

11th Circuit Court of Appeals Rejects Florida Eye Doctor’s Request for New Medicare Fraud Trial

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 31, 2020, a panel of U.S. Eleventh Circuit Court of Appeal judges upheld a 17-year prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his 2017 criminal trial.

It upheld the conviction on all 67 counts, deemed the 17-year-sentence to be even-handed, and denied him a new trial.

Details of the Case and Why the Former Ophthalmologist Requested a New Trial.

To understand how the panel reached their decision, it helps to understand the details of the scheme and the accusations. Back in April 2017, a jury in the Southern District of Florida convicted Melgen of carrying out systemic billing fraud at his South Florida medical offices. He […]

By The Health Law Firm|2024-03-14T09:59:46-04:00March 17, 2021|Categories: Medical Education Law Blog|Tags: Board of Medicine investigation defense attorney, Board of Optometry investigation defense attorney, complaint against professional license defense attorney, complaint against professional license defense lawyer, complex health care litigation legal counsel, complex health litigation defense attorney, defense of retina surgeon in Medicare audit, Department of Health investigation defense attorney, Florida health law attorney, health law defense attorney, healthcare fraud defense attorney, informal administrative hearing defense attorney, informal administrative hearing defense lawyer, informal administrative hearing defense legal counsel, lawyer representing retina surgeons, legal counsel for Board of Medicine investigations and hearings, legal counsel for Board of Optometry investigations and hearings, legal counsel for Department of Health investigations and hearings health care professional defense attorney, legal representation for eye doctors, legal representation for health care professionals, Legal representation for Legal representation for optometrists, legal representation for medical professionals, Legal representation for optometrists defense attorney, legal representation for Optometrists in Florida, legal representation for optometry licensure issues, legal representation of retina surgeon in Medica audit, medical license defense attorney, Medicare audit representation, Medicare fraud audit defense, Medicare fraud defense lawyer, ophthalmologist defense attorney, optometry license defense attorney, representation for healthcare fraud, representation for Medicare fraud, retina surgeon legal defense attorney, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorney reviews, Tricare audit representation of retina surgeons|Comments Off

Florida DOH Claims Orchid Nursery Has No Constitutional Protection In Marijuana Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 27, 2020, the Florida Department of Health (DOH) argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can’t claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids’ suit because, it claimed, the U.S. Constitution doesn’t cover a property interest in a business that is illegal under federal law. This seems to be a rather hypocritical argument in that the counter-question could be “How can the state of Florida issue licenses for or control a business that is illegal under federal law?”

Is the Law Constitutionally Protected?

The would-be medical pot nursery operator has been fighting since […]

By The Health Law Firm|2024-03-14T09:59:46-04:00March 15, 2021|Categories: Health Facilities Law Blog|Tags: cannabis defense lawyer, defense attorney for marijuana distributors, defense attorney for marijuana growers, defense lawyer for medical marijuana, Florida marijuana law attorney, Florida medical cannabis representation, Florida medical marijuana legislation, health care business application attorney, health law defense attorney, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, legal counsel for marijuana law, legal representation for marijuana decriminalization, legal representation for marijuana regulations, legal representation for medical marijuana issues, legal representation for recreational marijuana in a business, medical cannabis lawyer, medical marijuana defense attorney, medical marijuana laws, medical marijuana lawyer, medical marijuana regulation attorney, medical marijuana representation, representation for marijuana distributors, representation for marijuana growers, representation for medical marijuana legalization, representation for recreational marijuana laws and regulations, reviews of The Health Law Firm attorneys, The Health Law Firm reviews|Comments Off